[2009] KEHC 3160 (KLR)
The court held that upon the death of the original administratrix, Alice Cheruto Keter, the estate of Cheruiyot Arap Keter remained partially unadministered. The law provides for the issuance of a grant de bonis non to enable completion of administration. The applicant, being a surviving son and having expressed...
Source-derived case information.
- Citation
- [2009] KEHC 3160 (KLR)
- Parties
- Applicant: Reuben Kipsigei Chepkwony; Respondent: Alice Cheruto Keter
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Succession Cause 200 of 2006
- Procedural Posture
- Succession Cause / Ruling on Application for Substitution of Administrator (de Bonis Non)
- Outcome
- Application for grant de bonis non allowed; applicant appointed as administrator to complete administration of the estate.
- Legal Topics
- Succession, Letters of Administration, De Bonis Non, Substitution of Administrator
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reuben Kipsigei Chepkwony
Applicant
Alice Cheruto Keter
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Substitution of Administrator (de Bonis Non)
Legal Issues
- 1 Whether the applicant should be substituted as administrator de bonis non following the death of the original administratrix.
- 2 What procedural requirements must be satisfied for the grant of letters of administration de bonis non.
Ratio Decidendi
The court held that upon the death of the original administratrix, Alice Cheruto Keter, the estate of Cheruiyot Arap Keter remained partially unadministered. The law provides for the issuance of a grant de bonis non to enable completion of administration. The applicant, being a surviving son and having expressed willingness to administer the estate in accordance with the law, satisfied the requirements for substitution. The court found no objection or procedural impediment and granted the application, emphasizing the need for compliance with all requisite forms and consents to ensure proper administration.
Court Disposition
Application for grant de bonis non allowed; applicant appointed as administrator to complete administration of the estate.
Orders
- Grant de bonis non issued to Reuben Kipsigei Chepkwony to administer the estate from where it was left by the late administratrix Alice Cheruto Keter.
- Costs to be borne by the estate.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
SUCCESSION CAUSE 200 OF 2006
In the matter of estate of
CHERUIYOT ARAP KETER ………...……………………… DECEASED
AND
ALICE CHERUTO KETER ………………………………… PETITIONER
RULING
De Bonis Non
Application dated 15th April, 2009
I: Background
1. At an old ripe age Cheruiyot Arap Keter passed away aged 81 years old on 1st July, 2001 at Borborwet Samutuk, Kericho. His widow one Alice Cheruto Keter applied for grant of letters of administration intestate (that is the deceased having died without writing a Will) sometime on 26th October, 2006.
2. Letters of grant of administration intestate in Form P&A 41 was issued on the 24th January, 2007(Koome J).
3. Unfortunately Alice Cheruto Keter passed away on the 9th November, 2008 aged 82 years old leaving the estate partially unadministered.
II: Application 15th April, 2009
4. By an application dated 15th April, 2009 one Reuben Kipsigei Chepkwony – related to the deceased and the late adminstratix as their son sought this courts leave to be substituted as an administrator in place of his mother Alice Cheruto Keter, the late administratix.
5. He informed this court through his advocate that he is one of the surviving sons and would faithfully administer according to law all the estate of the deceased why by law demolishes to and vests in his personal representatives for the use and benefits of the heirs of the estate. That he would render a just and time account thereof whenever required by law to do so.
III: Findings
6. De Bonis Non is a grant for special purposes. It is a situation where the original administratix passes away then the said adminsitratix is substituted by another administrator to complete administrating the estate (5th Para 16 r 7, 12).
7. The administatix who passes away has to have a separate letter of grant for her estate. What we are concerned is with the deceased Cheruiyot Arap keters’ estate who passed away first.
8. The application is hereby granted with costs to the estate.
IV: Obiter dictum
9. The original adminstratix was also the widow to the deceased. All that was required to be filed was the petition (P&A 80). The affidavit (P&A 5),the affidavit of justification of proposed administrator P&A 12 and a consent P&A 38 by adult children to their mother of there being no objection on the taking up the letters.
10. Now that the administratix has passed away the new administration duly appointed by this court for De Bonis Non would ensure that Forms 80, 5, 12, 38 are on the court record together with forms P&A 11 affidavit of proposed sureties and P&A 57 Guarantee by personal sureties that is to be sealed and registered at the lands department.
In summary
10. 1. Application De Bonis Non granted to Rebuen Kipsgei Chepkwony to administer the estate from where it was partially left by the late adminstaratix Alice Cheruto Keter.
10. 2. Costs in the estate
DATEDthis 9th day of June, 2009 at KERICHO
M.A. ANG’AWA
JUDGE
Advocates
S.K. Oboso advocate instructed by the firm of M/S Oboso & Co. advocates
for the applicants – present